GPS Tracking Laws By State: Can You Legally Track Your Spouse's Car?
If you’re wondering whether it’s legal to track your spouse’s car, the answer depends on where you live and the circumstances. GPS tracking laws by state in the U.S. vary, and crossing the line into unlawful tracking can lead to serious legal trouble—whether you’re dealing with a spouse, family member, or personal vehicle. Understanding these laws isn’t just about avoiding fines or charges; it’s about protecting your peace of mind and making sure you stay on the right side of the law.
This guide will walk you through GPS tracking laws by state, including when and how tracking a vehicle might be considered legal or illegal. We’ll also cover:
- When tracking a spouse’s vehicle is allowed (e.g., when the vehicle is registered in your name)
- Situations where tracking is illegal (e.g., tracking a spouse’s personal vehicle without consent)
- The consequences of unlawful tracking (like criminal charges, restraining orders, or loss of custody)
- Alternatives to GPS tracking that promote trust and communication in relationships
Whether you’re navigating trust issues in your relationship or simply want to understand the legal landscape, this article gives you the essential information you need. Knowing what is and isn’t allowed can help you make informed decisions and avoid unintended consequences.
This guide isn’t legal advice, so it’s always a good idea to consult with a local attorney who understands your state’s laws. Staying informed will ensure your actions are both legally and ethically sound. Let's explore the legal ground rules and state-by-state laws on GPS tracking to help you decide what’s right for you.
Table Breaking Down GPS Tracking Laws By State
|
State |
Legal Reference |
Statutory Overview |
|
Alaska |
Stalking |
In Alaska, the act of stalking encompasses following or monitoring someone using a global positioning device or any similar technological tools. Using a GPS to track someone without their knowledge or consent can be considered stalking under Alaskan law. |
|
Arizona
|
Stalking |
In Arizona, unauthorized use of a GPS or electronic device to continuously monitor someone's activities or online behavior for 12 hours or on multiple occasions is defined as stalking. |
|
California
|
Miscellaneous Crimes |
In California, using electronic tracking devices to follow individuals is prohibited, with certain exceptions. This includes devices attached to movable objects transmitting electronic signals to disclose location or movement. |
|
Connecticut
|
Electronic stalking: Class B misdemeanor |
In Connecticut, using a GPS or similar system to repeatedly and remotely track someone, causing them to fear for their safety, is defined as electronic stalking. |
|
Delaware
|
11 Del. C. § 1335(8) Offenses Against Public Health, Order and Decency |
In Delaware, it's illegal to knowingly place a tracking device on a motor vehicle without the consent of its owner or lessee. |
|
Florida
|
Security of Communications, Surveillance |
In Florida, it's illegal to install a tracking device or app on someone's property without their consent. Consent is presumed revoked if: (a) A marital dissolution petition is filed by one spouse against the other. (b) One party files a protective injunction against the other. |
|
Hawaii |
H.R.S. § 803-41, H.R.S. § 803-42 Electronic Eavesdropping |
In Hawaii, the intentional use of a tracking device requires a search warrant or other order, unless there's consent. A "tracking device" refers to any tool that allows for tracking the movement of a person or object.
|
|
Illinois |
720 ILCS 5/12-7.3 Stalking |
In Illinois, if someone previously convicted of stalking knowingly follows the same person or places them under surveillance, and transmits a threat to them or their family, it's considered stalking. "Placing a person under surveillance" includes being outside their usual locations or placing an electronic tracking device on the person or their property. |
|
Illinois |
720 ILCS 5/21-2.5 Trespass |
In Illinois, it's prohibited to use an electronic tracking device to determine a person's location or movement. An "electronic tracking device" is defined as a device attached to a vehicle transmitting signals to reveal its location or movement. |
|
Louisiana |
La. R.S. § 14:323 Tracking devices prohibited; penalty |
In Louisiana, it's illegal to use a tracking device to determine another person's location or movement without their consent. A "tracking device" is any tool transmitting signals to disclose its location or movement. |
|
Maryland
|
Md. Stat. § 3-802 Stalking |
In Maryland, stalking can occur in person, through electronic communication, or by using a device that tracks another person's location without their knowledge or consent. |
|
Michigan |
MCLS 750.5392Tracking device; placement or installment on motor vehicle without consent |
In Michigan, it's illegal to place a tracking device on a motor vehicle without consent. A "tracking device" is any electronic tool designed to track a vehicle's location, regardless of recording capability. |
|
Minnesota
|
Minn. Stat. § 626A.35 General pro-hibition on pen register, trap and trace device and mobile tracking device use |
In Minnesota, using a tracking device without a court order is prohibited, with certain exceptions. A "mobile tracking device" refers to any tool that allows for the tracking of a person's or object's movement. |
|
New Hampshire |
N.H. Rev. Stat. § 644-A:4 Conditions of Use of Location Information |
In New Hampshire, it's prohibited to place an electronic device on another person or their property without consent to obtain location information. An "electronic device" includes devices like cellular phones that access communication, computing, or location services. |
|
New York
|
NY CLS Penal § 120.45 Stalking in the fourth degree |
In New York, "following" encompasses unauthorized tracking of someone’s movements using a GPS or similar device. A person is guilty of fourth-degree stalking when they intentionally, without a valid reason, target a specific individual, causing them significant mental or emotional distress. This includes following or contacting them, especially after being clearly told to stop. |
|
North Carolina |
NCGS § 14-196.3 Cyberstalking |
In North Carolina, it's unlawful to use, install, or cause an electronic tracking device to be used without consent to track another person's location. An "electronic tracking device" is any tool that allows someone to remotely track another person's position and movement |
|
North Dakota
|
N.D. Cent. Code, § 12.1-17-07.1 Stalking |
In North Dakota, stalking includes unauthorized tracking of a person's movements via GPS or other electronic means, especially if it would cause a reasonable person to feel frightened, intimidated, or harassed and lacks a legitimate purpose. |
|
Oklahoma |
21 Okl. St. § 1173 Stalking |
In Oklahoma, "following" within the context of stalking includes tracking someone's movements or location using a GPS or other monitoring device without their consent. However, this doesn't apply to lawful uses of GPS devices, or when motor vehicle dealers or creditors use them in relation to vehicle credit sales, loans, or leases, provided they have the vehicle owner or lessee's written consent. |
|
Oregon
|
ORS § 163.715 Offenses against persons |
In Oregon, it's a crime to knowingly attach a GPS device to a motor vehicle without the owner's consent. |
|
Rhode Island |
R.I. Gen. Laws § 11-69-1 Electronic tracking of motor vehicles |
In Rhode Island, it's an offense to knowingly use or place an electronic tracking device on a motor vehicle without the consent of both the operator and all occupants, if the intent is to monitor or follow them. |
|
Tennessee |
Tenn. Code Ann. § 39-13-606 Electronic tracking of motor vehicles |
In Tennessee, it's illegal to install, hide, or place a mobile tracking device in a motor vehicle. |
|
Texas
|
Tex. Penal Code § 16.06 Unlawful installation of tracking device |
In Texas, it's illegal to place a tracking device in a motor vehicle, though some exceptions apply. A "tracking device" is defined as any device that emits a signal used to identify or monitor the location of a person or object. |
|
Utah |
Utah Code § 76-9-408 Unlawful installation of a tracking device |
In Utah, it's illegal for someone to knowingly install, or instruct another to install, a tracking device on a motor vehicle they don't own or lease without the permission of the vehicle's owner or lessee. |
|
Virginia |
Unauthorized use of electronic tracking device |
In Virginia, it's illegal to use an electronic tracking device through deceptive means to track someone's location without their consent. An "electronic tracking device" refers to any tool that allows someone to remotely track another person's position and movement. |
|
Washington |
RCW § 98.90.130 |
In Washington, it's illegal to install or monitor an electronic tracking device with the intent to track another person if doing so would reasonably cause that person to feel fear. |
|
Wisconsin |
Global positioning devices |
In Wisconsin, it's a Class A misdemeanor to: (a) Place a GPS or GPS-equipped device on another person's owned or leased vehicle without their consent. (b) Intentionally acquire information about another person's location or movement from a GPS or GPS-equipped device that has been placed without that person's consent |
|
Wyoming |
Stalking; penalty |
In Wyoming, a person can be charged with stalking if they, with the intent to harass, engage in behaviors likely to harass someone else. This includes using electronic, digital, or GPS devices to surveil someone or monitor their internet or wireless activity without their authorization. |
|
District of Columbia |
Stalking |
In Washington D.C., it's unlawful for someone to deliberately engage in actions aimed at a specific person, which includes monitoring them or placing them under surveillance on two or more occasions. "Any device" used for such purposes encompasses electronic, mechanical, digital equipment, and more, including GPS, electronic monitoring systems, and other surveillance tools. |
Legal Ground Rules for Tracking Your Spouse’s Car
Thinking about tracking your spouse’s car? The legality depends on some key details. If the car is registered in your name, you likely have the legal right to track it. But if the vehicle isn’t yours, using a GPS tracking system without the owner’s consent could lead to serious legal trouble, including violations of privacy laws.
This is why some people turn to private investigators. These professionals know the ins and outs of surveillance laws and understand where and how trackers can be placed legally. Hiring an investigator also shifts liability off your shoulders, as long as they operate within the law.
Even if the car is in your name, things aren’t always straightforward. The reason behind tracking matters. If you install GPS to protect your car from theft, that’s usually considered legitimate. But tracking your spouse without their knowledge just to catch them cheating? That could still violate privacy laws, since the intent changes the legal context.
Before making any decisions, take a step back. Think through the potential legal and personal consequences. Speaking with a local attorney who understands both family law and tracking legality can help you make the best choice. That way, you protect yourself legally—and emotionally—no matter what path you choose.
Legal Reasons to Track a Car:
- Monitoring the location of a vehicle that is registered in your name.
- Tracking a car with the explicit consent of the owner.
- Using GPS tracking for fleet management purposes when employees are aware and have consented.
- Implementing a tracking device for the recovery of a vehicle in the event of theft.
Illegal Examples of Tracking:
- Placing a GPS tracker on a vehicle that is not registered in your name without the owner’s consent.
- Tracking a spouse’s car to gather information for divorce proceedings without consent or a court order.
- Using a GPS device to stalk or harass someone, infringes on their reasonable expectation of privacy.
- Secretly installing a tracker on a leased or rented vehicle without the permission of the leasing company or owner.
Ethical Implications Of Tracking Your Spouse’s Vehicle
So is it illegal to track your spouse’s car? That really depends on the intent and the state laws, but there is something else you should consider: moral and ethical implications. Consider the insight from Dr. Jane Greer, a marriage and family therapist, who emphasizes that trust is the bedrock of any intimate relationship. When you install a GPS tracker, you’re essentially saying, “I doubt your honesty,” which can erode trust from both sides.
Relationship experts like Esther Perel, renowned for her work on human interactions, warn of the long-term damage to a partnership when surveillance replaces communication. The ethical considerations are complex. You’re faced with a choice: do you prioritize your need for certainty over the foundational element of mutual trust?
Furthermore, the aftermath of such actions, as highlighted by couples’ therapists, can lead to a partner feeling violated and humiliated. Before taking any steps, weigh the potential fallout against your reasons for tracking. It’s a decision that should not be made lightly, always keeping the health of your relationship at the forefront.
Building Trust Without GPS Tracking: Healthy Alternatives to GPS Surveillance
If trust has become an issue in your relationship, it can be tempting to use GPS tracking to find out the truth. But there are healthier ways to address your concerns without risking privacy violations or legal trouble. Start with an open conversation. Talking honestly with your partner about your doubts might feel uncomfortable, but relationship therapists agree that open communication often clears up misunderstandings before they grow.
Another option is seeking professional counseling. Couples therapy offers a neutral space where both of you can express concerns, understand each other’s insecurities, and work toward solutions. A therapist can guide you both to rebuild trust in ways that feel safe and respectful.
Instead of resorting to tracking systems or apps in secret, try suggesting a mutual location-sharing app. These apps allow both of you to voluntarily share your whereabouts, fostering trust through transparency. Consent is key here—knowing that your partner willingly shares their location creates a stronger bond than one built on hidden surveillance.
Trust grows when you choose honest conversations and shared efforts. Surveillance might feel like an easy way to get answers, but it can damage the foundation of your relationship. Choosing healthier alternatives not only protects your relationship but also preserves your partner’s dignity and your peace of mind.
Here are 5 alternatives to GPS tracking and how they can help rebuild trust:
- Open Communication. Regular, honest discussions can prevent misunderstandings and foster trust, making secretive tracking unnecessary.
- Couples Therapy. Professional counseling offers strategies to improve trust and resolve issues, with lasting benefits for the relationship’s health.
- Shared Location Apps. Using apps like Google Maps or Find My Friends allows both partners to willingly share their location, promoting transparency.
- Scheduled Check-Ins. Agreeing on regular check-ins via call or text can keep both parties informed and respected, without the need for surveillance.
- Trust-Building Activities. Participating in activities that build trust, such as workshops or trust exercises, can strengthen the relationship’s foundation.
Frequently Asked Questions
Can I Track My Cheating Spouse Without Them Knowing?
The short answer is yes, you can technically track your spouse without them knowing—but the bigger question is whether it’s legal and worth the risk. GPS tracking laws vary, and tracking someone’s personal vehicle without their consent can land you in legal trouble. Many states have stalking laws, penal code sections, and specific regulations that prohibit placing a GPS tracking system on someone’s car without permission.
If the vehicle is in your name or considered joint property, you might have more legal flexibility. However, tracking a vehicle solely owned by your spouse without their knowledge could violate electronic surveillance laws, even if you suspect infidelity. Some regions require written consent or allow tracking only under specific circumstances, such as legitimate business purposes, like monitoring fleet vehicles.
If you're considering using a GPS tracking app or device to monitor your partner, it’s essential to first check your local laws. Consulting with an attorney who understands family law and criminal code in your area can help you avoid legal issues. A private investigator is another option, as they know how to gather location data legally.
While tracking your spouse might seem like the easiest way to confirm suspicions, it’s important to protect your own peace of mind by staying on the right side of the law. If the relationship ends, family courts or divorce proceedings could involve asset tracking, property division, or even criminal consequences if you violated stalking laws.
Is There A Legal Way To Track My Spouse’s Car With Their Consent?
Certainly, tracking with consent is legal. The first step is to obtain clear, documented permission from your spouse. Following this, choose a tracking device and service that complies with legal standards. This approach not only keeps you on the right side of the law but also helps in maintaining trust in your relationship.
What Should I Do If I Discover A Tracking Device On My Car?
If you discover a tracking device on your personal vehicle, it’s important to act quickly. Start by figuring out if someone, like a family member, legally placed it there. In some cases, tracking fleet vehicles or company-owned cars is allowed under specific laws, but personal vehicles are different. If you're unsure who installed the device or if you reasonably fear it was placed without consent, contacting law enforcement is the safest step.
Law enforcement officers can help identify the GPS tracking system and determine if any antistalking laws or penal code sections apply. Some situations may require a warrant issued to investigate further. Your safety and privacy come first, and addressing unauthorized tracking protects both. Always take the discovery of tracking devices seriously, as electronic surveillance without your consent is not only a breach of trust but could also fall under stalking laws.
GPS Tracking Laws By State – Disclaimer
If you're here, you’re probably feeling hurt, confused, and searching for answers about GPS tracking laws. Suspecting a spouse of cheating can be an emotional rollercoaster, and it’s natural to want clarity. While GPS tracking might seem like a way to confirm your suspicions, it's important to understand how legal restrictions work.
GPS tracking laws by state vary depending on where you live. In many cases, tracking someone’s car without permission can get you into serious legal trouble. That's why we urge you to talk with a local attorney who knows the laws in your area. They can guide you on what’s legal and what isn’t, so you avoid any unintended consequences.
At Konnect GPS, we don’t encourage or endorse any illegal tracking activities. This guide is only for informational purposes, not legal advice. If you're considering using a GPS tracker, please make sure you fully understand the laws that apply to you. Taking this step will help protect your peace of mind and ensure everything stays above board.
Some images in this article, “Is It Illegal To Track Your Spouse’s Car” were generated using AI